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Bombay High Court Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice and Absence of Debt or Liability. Cheques Issued as Security for Future Transactions Do Not Attract Section 138 of Negotiable Instruments Act, 1881.

The petitioners, Parth Bhadresh Mehta, Hiten Kantilal Shah, and Vishal Laxmikant Thakkar, filed Criminal Writ Petitions under Section 482 of the Code ...

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Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

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Bombay High Court Allows Bank's Petition in Dishonour of Cheque Case — Sets Aside Return of Complaint on Jurisdictional Grounds. Presentation of Cheque for Collection and Issuance of Statutory Notice at Mumbai Confer Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, HDFC Bank Ltd. (formerly Centurion Bank of Punjab Ltd.), filed three criminal complaints under Section 138 read with Section 141 of th...

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Bombay High Court Quashes Revisional Order for Violation of Natural Justice — Inadequate Notice of Hearing. Secretary of Trust Denied Opportunity to Be Heard as Only Two Days' Notice Given via Fax, Despite Request for Adjournment.

The petitioner, Latur Gorakshan Trust, through its Secretary Kantaprasad Vishnudas Rathi, filed a writ petition challenging the order of the Revisiona...

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Bombay High Court Dismisses Union of India's Petition Challenging Interest on Delayed Rebate Claims Under Central Excise Act. Interest Under Section 11BB of Central Excise Act, 1944 Held Payable from Expiry of Three Months from Date of Receipt of Rebate Claim, Not from Date of Final Adjudication.

The case involves a dispute between the Union of India (Petitioner) and Jindal Drugs Limited (Respondent) regarding the payment of interest on delayed...

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Bombay High Court Quashes Criminal Complaint in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The cheque was presented and dishonoured at a branch outside the court's jurisdiction, making the complaint under Section 138 of the Negotiable Instruments Act, 1881 not maintainable.

The applicant, Barakara Abdul Aziz, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash Criminal ...